A persistent critic of Minnehaha County's top elections official raised his rhetoric Tuesday, calling the county's balloting process "out of control" and possibly "tainted."

Minnehaha County Commissioner Jeff Barth said County Auditor Bob Litz violated a state statute when he assigned a recently annexed development to a different voting district before the Legislature approved new boundaries.

Barth also vented about half a dozen complaints he said he's heard from spouses with the same address who were told by poll workers that they voted in different precincts. He said he knows of at least one instance where an independent voter was given a nonpartisan ballot and had to ask for a Democratic ballot rather than being offered the choice when first entering the polling place.

Barth said there were enough problems with the primary election that it "might lead our count to be tainted."

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Jeff Barth in 2012(Photo: Elisha Page/Argus Leader)

Later, Barth backtracked some, saying he thinks ballots were counted correctly and that there was no tampering with the vote. However "the process of acquiring the ballots appears to be out of control," he said.

The commissioner looked ahead to the general election when voter turnout is expected to be much higher than the modest 20 percent statewide turnout for the primary.

"What the heck happens in November?" Barth asked the auditor. "You're in the fourth year of being in the job. Shouldn't you be pretty darn good at it now?"

In an exchange that briefly grew testy, Litz told Barth and other commissioners that confusion arose after a development on 9100 W. Lakeside Drive, near W. 12th St. and Ellis Road in far western Sioux Falls was annexed by Sioux Falls. That isn't reflected in the most recent legislative redistricting maps, Litz said.

Barth countered that which district the development ultimately ends up in is not the auditor's call. The Legislature sets the districts. Barth told Litz "the land was moved from District 11 to District 9 by you in violation of state statute."

Kilian Community College President Mark Millage, who lives in the development, recently complained to the commission about the confusion. He said that after moving, he and his wife filled out change of address cards. They got a card back from the auditor indicating they were in District 9.

"I knew that was wrong," he said.

Millage said he met on two occasions with Litz and auditors' staff to resolve the discrepancy. "They told me they would have it resolved before the election. I never heard from them again," he said.

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Bob Litz(Photo: Argus Leader)

Millage said he thought the issue ultimately would be cleared up Election Day. He went to the MariCar Community Center polling place, that he thought would have ballots for both District 11 and District 9.

"I figured they would tell me where to go, where I was supposed to vote," he said. "When I got there, I wasn't even on the list."

He said he and his wife were able to fill out emergency voting cards and cast ballots.

Now, Millage said, he is considering whether to contact the approximately 100 voters in the area where he lives to see if they experienced similar difficulties.

Litz told commissioners many election problems sprang from the fact his office does not have correct voter registration information.

Incorrect poll book data that dogged the primary and the city election before it in April has frustrated Litz to the point where he told commissioners he plans to audit the county's complete rolls of 118,000 eligible voters.

"He's hoping that will solve the problem. I can't say for sure it will solve it," Barth said.

As the county's chief election official, Litz said, he accepts the responsibility to ensure elections are accurate and convenient for voters. But he bluntly told commissioners that "anybody else in my place would face the same problems."

Afterward, Barth acknowledged "Bob has certainly manned up and taken the blame on quite a few of these previous incidents."

Bottom line, however: "It would be good if we had more confidence in Bob," Barth said. "We don't."

The commission this year did not approve money to shift election procedures from precincts to voting centers. Commission Chairman Cindy Heiberger told Litz voting centers, where registered voters could go to any center in the county and be given the appropriate ballot for their precinct are attractive and popular with county residents. But based on the problems with recent elections, a change to voting centers is fraught with peril.

"I would love to see (the county adopt) polling centers," Heiberger said. "I'm afraid if we do, it will be a disaster.

"The commission doesn't want to move to something else until we're ready."